(PC) Bradford v. Ogbuehi et al, No. 1:2015cv01918 - Document 33 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 31 FINDINGS AND RECOMMENDATIONS and Dismissing Certain Defendants, signed by District Judge Anthony W. Ishii on 03/22/18. (Martin-Gill, S)
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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 RAYMOND ALFORD BRADFORD, Case No. 1:15-cv-01918-AWI-BAM (PC) 9 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN DEFENDANTS 10 v. 11 C. OGBUEHI, et al., [ECF No. 26] 12 Defendants. 13 14 15 Plaintiff Raymond Alford Bradford is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a 17 United States Magistrate Judge pursuant to 28 U.S.C. § 636(1)(B) and Local Rule 302. 18 On February 9, 2018, the assigned magistrate judge issued findings and recommendations 19 recommending that this action should proceed on Plaintiff’s claim against Defendants Ogbuehi 20 and Nietas in their individual capacity for deliberate indifference to his serious medical need in 21 violation of the Eighth Amendment. (ECF No. 31.) The magistrate judge further recommended 22 that Plaintiff’s claim against Defendants Ogbuehi and Nietas in their official capacities, and for a 23 declaratory judgment, be dismissed for the failure to state a claim upon which relief may be 24 granted. (Id.) Plaintiff was given fourteen days to file objections to those findings and 25 recommendations. No objections were filed within the time permitted. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the 27 undersigned has conducted a de novo review of this case. The undersigned concludes the 28 findings and recommendations are supported by the record and by proper analysis. 1 1 Accordingly, it is HEREBY ORDERED that: 2 1. adopted in full; 3 4 The findings and recommendations issued on February 9, 2018 (ECF No. 31), are 2. Plaintiff’s claim against Defendants Ogbuehi and Nietas in their official 5 capacities, and for a declaratory judgment, are dismissed for the failure to state a 6 claim upon which relief may be granted; and 7 3. This action shall proceed on Plaintiff’s claim against Defendants Ogbuehi and 8 Nietas in their individual capacity for deliberate indifference to a serious medical 9 need in violation of the Eighth Amendment. 10 11 IT IS SO ORDERED. 12 Dated: March 22, 2018 SENIOR DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2